Confirmation of Oneself : Upon contract signing, oneself should be checked through following methods.
1. Whether one has the request for compensation consultation
2. Upon checking documents including copy of resident registration, certificate of one's seal impression and registration right certificate, the information including name, resident registration number and authenticity of the seal from the issuer should be checked.
3. Checking the registered seal and resident registration card(make a copy of both front and back side of the card and keep the copy.)
In case of entrusting the signing to proxy : Upon signing with proxy, the actual person involved can be checked with following methods.
1. Check whether the person is just proxy with power of attorney attached by certificate of one's seal impression for entrust, registered seal and resident registration card of the proxy.
2. Check whether the certificate of one's seal impression is issued or not with the relevant town office and the issuance date of resident registration abstract(in particular, this should be checked in case of absent owner).
Contract Signing : After checking identification of oneself, land sales and purchase agreement should be made.
Writing agreement on the successful completion of the consultation : The agreement necessary for the confirmation of successful completion of the consultation(be able to be printed out through system) should be collected so that if the effect of original acquisition is required, application for the confirmation
Guideline on the Registration Work under the Land Compensation Act
(Enacted in Mar. 6, 2003, Enforcement Rule No. 1067, Revised in Apr.
3, 2008, Enforcement Rule 1247) 1. Purpose
This enforcement rule is intended to stipulates registration procedure and relevant issues in accordance with Act on Acquisition of and Compensation for Land, etc. for Public Works(
hereinafter referred to as "law").
2. Registration procedure in case of acquisition through consultation
1) If the consultation is completed with the owner written in the register of unregistered land, etc. the retention of ownership registration should be done followed by transfer of ownership from owner to project operator.
2) In case where the consultation is completed successfully with owner written in register in accordance with the law, transfer of ownership should be registered under the name of project operator.
3) In case where the transfer of ownership is registered under 2.1 and 2.2 mentioned above, agreement on acquisition of public land in written form should be attached that demonstrates the reason for registration under Article 40.1.2 of Real Estate Registration Act.
3. Registration procedure in case of acquisition 1) Application for transfer of ownership registration
(1) The application for transfer of ownership registration caused by land expropriation can be done by entity with registration right, project operator alone. However, if the public authority is project operator, the public authority should ask other party to do the transfer of ownership registration.
of the consultation completion should be made if necessary.
Submission of document related to registration of transfer : After the compensation contract is signed, the landowner should submit the confirmation sheet on real estate transfer reporting and registration document to judicial scrivener so that registration of transfer is completed under the name of project operator.
In this case, cost related to the registration of transfer from landowner to project operator should be borne by project operator.
(2) The cause of the registration should be written as "land expropriation" and date of the cause should be written with "the effective date of expropriation". If the Land expropriation committee recognizes some rights to be retained, the rights should be written in the application for transfer of ownership sheet.
(3) Except for general document attached to application form, the certified copy of adjudication paper of Land expropriation committee in case of adjudication in written form and paper that confirms consultation by Land expropriation committee or paper related to the formation of agreement and acceptance paper in case of expropriation through consultation should be attached. In addition, original copy of compensation payment statement that confirms that compensation amount was paid(no need to attach certificate of recipient's seal impress" or original copy of statement of deposit should be attached. However, it is not necessary to submit the certificate of registration of the person responsible for registration.
2) Subrogation registration application
(1) In case of application for transfer of ownership registration, project operator can apply for subrogation under Article 52 of Real Estate Registration Act related to transfer of ownership registration due to change in land representation, registered name, correction or inheritance. In this case the statement "transfer of ownership registration claim as a result of land expropriation on ○,○,○" should be written as a reason for subrogation.
If the transfer of ownership registration application and subrogation application are done at the same time the same statement can be referred to.
3) Review on the application for transfer of ownership registration
(1) If only the agreement is attached to the application form for transfer of ownership registration as a result of land expropriation, the corrective action should be requested to attach the statement that confirms successful consultation and if the statement is not submitted, the application for registration should not be accepted.
(2) In case where decision was made to the owner as of the Project Approval date as person whose land is expropriated and compensation was paid(deposited) to him and application for transfer of ownership registration was made even though there was ownership change before decision making on expropriation after Project Approval date, the application should not be accepted.
However, in case where the decision was made without knowing that owner in the register died and compensation was paid(deposited) to heir, application for registration should be accepted.
(3) In case where decision was made to heir or decedent and compensation was paid(deposited) to heir but registration was made under the ownership of decedent, the inheritance registration should be done first before the application for transfer of ownership registration. Therefore if the application for transfer of ownership registration is made without inheritance registration, the application should not be accepted.
4) Registration for cancellation as a result of land expropriation
(1) In case where transfer of ownership registration is done after the land expropriation,
following registration should be cancelled by registration officer under his own right.
① Transfer of ownership registration completed after the effective date of expropriation.
However, the transfer of ownership registration as a result of inheritance before effective date of expropriation is not included in this scope
② Registration related to surface right, district right, right to lease on deposit basis, mortgage and right to lease except for ownership. However, the rights recognized by decision of Land expropriation committee and registration of district right for the real estate are not included.
③ Provisional registration, provisional attachment, injunction, attachment and registration of advance notice
(2) In case where registration officer cancels registration under (1) above, the officer should use the cancellation of registration notification attached in No. 43 of Rule on the Form of Real Estate Registration Work and notify the reason for cancellation of registration to those with the right to registration. In case where the cancelled registration is related to creditor subrogation, the cancellation of registration should be notified to creditor.
5) Application for cancellation of ownership transfer registration caused by lapsed adjudication.
Application for cancellation of ownership transfer registration caused by lapsed adjudication on land expropriation should be done jointly by person in charge of registration and person with right to registration. If the transfer of ownership registration is cancelled after land expropriation, registration officer should restore the cancelled registration with his own right.
Supplementary Provision
(Abolition of other established rule) Effects of land expropriation(registered rule no. 174), rule on acquisition and compensation for public land and unregistered real estate(land, forest)(registered rule no. 313), land purchase through consultation and ownership acquisition(registered rule no.332), whether the Korea Land Development Corporation is project operator under Article 2.3 of special act on the acquisition of and compensation for public land(registered rule no. 397), registration by special act on the acquisition of and compensation for public land(registered rule no. 474), guideline on registration work under special act on the acquisition of and compensation for public land(registered rule no. 846) and established rule related to transfer of ownership registration procedure as a result of land expropriation(registered rule no. 889) shall be abolished.
Supplementary Provision (No. 1247 Apr. 3, 2008)
① (Enforcement date) This rule is executed as of Apr. 18, 2008.
② (Interim measures) If the confirmation sheet was issued under Article 18 of the law(deleted) before the execution of this law(including the case where the application for issuance was made before execution date and actually issued after execution date), application for registration can be done in accordance with existing rule.
4. Payment of Compensation
The compensation should be paid as soon as the completion of the transfer of ownership registration. Compensation should be paid in cash except for the case where special rule should be applied in accordance with other law. However compensation can be paid in bond issued by project operator to those including owner of absent real estate and if landowner wants, the compensation can be made by providing land developed by the project.